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(영문) 서울고등법원 2019.02.20 2017나2064171

보증금반환

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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Basic facts

A. On August 20, 2015, Defendant C and D’s lease 1) among the real estate listed in the separate sheet to D on August 20, 2015, Defendant C paid to D a deposit of KRW 100 million, monthly rent of KRW 850,000 (value-added tax separate, monthly payment of KRW 100,000,000,000 (hereinafter other monthly rent).

(2) From September 30, 2015 to September 29, 2018, each of the above deposits was leased to Defendant C during the period from September 30, 2015 to September 29, 2018 (see Evidence A, 35, 36). D paid each of the above deposits to Defendant C during the period from September 30, 2015 to September 29, 2018 (see, e.g., the above deposit amount of KRW 150,00,000,000,000,000 won, monthly rent of KRW 5,50,000,000,000,000,000 from September 30, 2015).

The above lease contract is stipulated as a special contract that the lessee does not require the lessee to restore to its original state after the termination of the lease contract.

3) On October 17, 2015, Defendant C provided that, among the real estate listed in the separate sheet, Defendant C leased KRW 260,000,000,000 monthly rent, KRW 19,000,000 from December 1, 2015 to November 30, 2017, the management expenses of KRW 30,000,000 from December 1, 2016 to December 1, 2016 (see, e.g., evidence No. 38) to D, stating that “The lessor does not require the lessee to restore the leased property after the termination of the lease contract.” ( At that time, Defendant C and D drafted a lease contract on the existing KRW 1,20,00,00,000, monthly rent, KRW 19,000 from November 30, 2017, with a special agreement stating that “The lessee shall not demand the lessee to restore the leased property after the termination of the lease contract.”

Attached Form

Of the real estate listed in the list, the first floor and the ground leased by Defendant C to D.